Rule-Making Notices (Hearing Notices)

Under this rule, DATCP must evaluate grant proposals and issue its grant awards within 90 days after the grant application deadline. DATCP must clearly identify each award recipient, the amount of the award, and the purposes for which the award is given. DATCP must consider all of the following criteria when evaluating grant proposals and making grant awards:

•   The extent to which a proposed project will increase local purchases of Wisconsin food products.

•   Whether the proposal complies with DATCP's request for proposals.

•   Whether the proposed project meets the standards prescribed in this rule.

•   The viability of the proposed project.

•   Additional project benefits for Wisconsin agriculture or tourism.

•   The management and technical qualifications of the grant applicant.

•   The qualifications of the persons who will carry out the project.

•   The financial capacity of the grant applicant to complete the project as proposed.

•   The adequacy of the project plan and budget.

•   Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.

Grant Contracts

Under this rule, DATCP must enter into a grant contract with a grant recipient before distributing any grant funds to that recipient. The contract must spell out grant terms and conditions, including performance requirements, reporting requirements and payment terms.

Grant Payments

Under this rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The grant contract must describe payment terms and conditions. DATCP may require a grant recipient to file progress reports and submit expense documentation as necessary to support grant payments.

Comparison with federal regulations

The United States Department of Agriculture (USDA) administers a farmers' market promotion program. That program offers grants to help improve and expand domestic farmers markets, roadside stands, community-supported agriculture programs and other direct farmer-to-consumer marketing mechanisms.

USDA also provides food assistance programs for pregnant women, women with infants, children up to 5 years old, and seniors who are at nutritional risk. Those programs provide or promote fresh, locally grown foods to program participants.

Comparison with rules in adjacent states

Wisconsin's “buy local" program is the first state program of its kind in the nation. However, surrounding states provide various types and levels of support for local food systems. For example, Michigan's state procurement policy encourages purchases from local farmers and businesses. Iowa provides over $3 million in annual funding for local food and sustainable agriculture programs at Iowa State University- Extension (Leopold Center).

Initial Regulatory Flexibility Analysis

The “buy local" grant program will benefit farmers, businesses and communities that participate in production, distribution or marketing of locally produced foods. Grant recipients will benefit directly, while others will benefit indirectly from the creation of stronger local food networks and systems. This rule will establish standards and procedures for the “buy local" grant program to ensure that the program is effective and accountable.

Fiscal Estimate

This rule will have a fiscal impact on DATCP operations. Under this rule, DATCP must issue at least one request for grant proposals in each state fiscal biennium for which funding is available. DATCP staff must review grant applications, recommend grant awards, administer grants, and ensure compliance with applicable requirements. DATCP staff will also provide technical assistance to grant recipients, as appropriate.

Program administration will occupy at least 2.0 FTE staff in DATCP's Division of Agricultural Development (this does not include legal, managerial, DATCP central accounting, or other indirect staff support). The combined total cost for those 2.0 FTE staff will be $147,000 per year, including salary, fringe benefits and support costs (there will be a smaller proportionate cost for the remainder of the current fiscal year). The biennial budget act authorized 1.0 new FTE staff position, including staff funding of $42,700 GPR for the current fiscal year and $64,100 GPR for FY 2008-09. In the short term, DATCP will try to fill remaining staffing needs by shifting current staff from other agricultural development programs.

The budget act also provided funding (but no staff positions) for training, marketing, data tracking and information technology for the “buy local" program. Funding for those purposes is $110,000 GPR in the current fiscal year and $165,000 in FY 2008-09.

Notice of Hearing

Commerce

Fee Schedule, Ch. Comm 2
Licenses, Certifications and Registrations, Ch. Comm 5

rulemaking_notices CR 08-039 CR 08-039

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.19 and 145.08, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 2 and 5 relating to program revenue fees.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
May 28, 2008	Conference Room 3B
Wednesday 10:00 a.m.	Thompson Commerce Center 201 W. Washington Avenue Madison

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 6, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rule

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact

Robert DuPont, Program Development Bureau Director, [e-mail], [phone]

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.19 and 145.08, Stats.

Statutory authority

Sections 101.19 and 145.08, Stats.

Related statute or rule

None

Explanation of agency authority

Chapters 101 and 145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings and their components. These programs are administered by the Safety and Buildings Division. Sections 101.19 and 145.08, Stats., grant the department authority to promulgate rules to fix and collect fees that reflect the cost of providing these programs.

Summary of proposed rules

The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment. In the administration and enforcement of those rules, the Department provides numerous services such as plan examination, inspection and certification. The Department, by rule promulgated under chapter 227 of the Wisconsin Statutes, is required to fix and collect fees which should, as closely as possible, equal the cost of providing those services.

Most of the fees charge by the Division of Safety and buildings are specified in chapter Comm 2. Additional fees for licenses, certification and registration are specified in chapter Comm 5. Many of the fee increases proposed fall under the scope of chapter Comm 2 and some of the fees are regarding chapter Comm 5.

The proposed rules contain fee increases for the following program areas: amusement rides and ski tows; boilers, gas systems and mechanical refrigeration; commercial buildings; elevators and lifting devices; plumbing systems plan review; public swimming, water attractions and associated slides; private onsite wastewater treatment system plan and product review; soil erosion/stormwater management; 1&2 family dwellings and manufactured homes/housing; rental weatherization, and licenses certifications and registrations.

The proposed changes are necessary in order to bring revenues more in line with the costs of providing the services in each program area. The fee increases proposed would result in an overall increase in revenue of 18% and provide sufficient revenue for a 4 year period. Some fees would decrease (e.g., certain amusement ride program fees), and not all fees within program areas for which fee increases are proposed would increase. The fee increases proposed range from 6 percent to 700 percent. (In one case a $25 fee changing to $200.) Many fees contained in this proposal are based on a rate of $80 per hour, except for amusement ride and ski tow activities, which are based on $70 per hour.

In some program areas, the current fees would remain unchanged. The program area fees that are not being changed include: electrical, mine inspection, permit to operate fees in boiler and elevators, certain licensing fees. A general fee increase last occurred in September 2000, except for POWTS- and UDC-related fees, which were last updated in 1992.

Amusement Rides

The plan examination fee for new amusement ride tramways, and the fee for the review of engineering analysis and test data associated with the acceptance of amusement rides and bungee jumping sites, would increase from $220 to $280, a 27 percent increase.

Fees for the periodic inspection of amusement rides would increase 11 percent overall.

The fee for the periodic inspection of bungee jumping sites would be charged according to s. Comm 2.20 (1) (f), Inspection of Class 2 amusement rides, thereby decreasing the fee from $800 to $250.

The fee for the annual registration of all amusement rides would increase from $50 to $55, a 10 percent increase.

Passenger Ropeways

Fees for the inspection of passenger ropeways, indicated in Table 2.21-2, would decrease by 29 percent.

Plan examination fees for passenger ropeways, indicated in Table 2.21-1, would remain unchanged.

The fee for a permit to operate a passenger ropeway would remain unchanged at $35.

Boilers, Gas Systems, and Mechanical Refrigeration

Pressure vessel inspection fee increases would range from 33 to 58 percent.

Inspection fees for boilers would generally increase 50 percent.

The fee for plan review of gas systems would increase from $200 to $300, a 50 percent increase; the inspection fee for gas systems would increase from $250 to $400, a 60 percent increase.

The plan review, initial inspection and period inspection fees for anhydrous ammonia systems and storage facilities would generally increase 50 percent.

Mechanical refrigeration inspection fees would generally increase 50 percent.

Anhydrous ammonia system nurse tank periodic inspection fee increases would range from 31 to 100 percent.

The fee for a permit to operate a boiler, pressure vessel, anhydrous ammonia system and mechanical refrigeration would remain unchanged at $35.

Commercial Buildings

The fees for building plan review under ch. Comm 61 would increase 6 percent overall. The proposed fees would range from $300 to $20,000 (where the Department conducts the inspection) or $250 to $18,000 (where a municipality conducts the inspection).

Plan review fees for building HVAC systems would increase 9 percent overall. The proposed fees would range from $180 to $13,500 (Department inspection) or $150 to $12,100 (municipal inspection).

Plan review fees for fire systems would increase 6 percent overall. The proposed fees would range from $50 to $7,100 (Department inspection) or $30 to $6,400 (municipal inspection).

Elevators and Lifting Devices

The current basis for determining the fee for an elevator plan review, initial inspection and period inspection includes the number of landings of the elevator unit. This basis would be removed and the basis would become the type of elevator unit, as follows:

•   Traction elevator, other elevator driving machines;

•   Hydraulic elevator;

•   Dumbwaiter, platform lift, stair chair lift, special application elevator;

•   Escalator, moving.

Current fee amounts for plan review and initial inspection in Table 2.15-1 and for periodic inspection in Table 2.15-2 would be combined into Table 2.15.

Current fee amounts charged for elevator plan review and initial elevator inspection fees would generally increase 57 percent.

Current fee amounts charged for elevator periodic inspection would generally increase 30 percent.

Current fee amount for a permit to operate an elevator would remain at $35.

Plumbing Systems Plan Review

Current fee amounts for plan review of plumbing systems would generally increase by 27 percent.